United States v. Jacques, No. 20-1762 (2d Cir. 2021)
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In No. 20-1762, the Second Circuit denied the government's motion to dismiss defendant's appeal from the district court's denial of his motion under Federal Rule of Criminal Procedure to correct errors in his judgment of conviction (First Order). The court concluded that because the district court entered the Second Order while defendant's appeal challenging the First Order was pending, the district court lacked authority to enter the Second Order.
In Nos. 20-3286 and 20-3276, which have been consolidated with No. 20-1762, defendant appeals from the Second Order (No. 20-3286) and appeals from an order denying his motion for compassionate release under the First Step Act (No. 20-3276). Because the Second Order indicates the district court's desire to correct the judgment of conviction, in Nos. 20-1762 and 20-3286 the court vacated the First Order and the Second Order, respectively; and remanded to the district court, restoring its authority to enter whatever amended judgment it finds appropriate to correct the operative judgment's clerical errors.
The court directed the Clerk of Court to unconsolidate No. 20-3276, which challenges the denial of defendant's motion for compassionate release, and to recalendar that appeal for a merits panel or a motions panel, as appropriate, for resolution in the ordinary course, and to consider consolidating No. 20-3276 with a new First Step Act appeal filed by defendant, No. 21-1277.
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